Showing posts with label EPA. Show all posts
Showing posts with label EPA. Show all posts

Trump Administration May Bring a Surge in Occupational Disease Claims


Mesothelioma death rates remain high in the US even on the eve of an anticipated national ban of the asbestos fiber. Things may radically change for the worse as the Trump Administration goes forward with its announced intention to dismantle environmental regulation now in place and placed on-track for enactment during the former Obama Administration. With anticipated less EPA and OSHA regulation under the Trump administration, there is the potential for a serious surge of future occupational disease claims in the United States.

President Trump has remarked, “I believe that the movement against asbestos was led by the mob, because it was often mob-related companies that would do the asbestos removal. Great pressure was put on politicians, and as usual, the politicians relented.” Trump, The Art of the Comeback, 1997.

The Centers for Disease Control and Prevention (CDC) today published a report indicating that mesothelioma, a neoplasm, continues to be prevalent at high rates.
"Malignant mesothelioma is a neoplasm associated with inhalation exposure to asbestos fibers and other elongate mineral particles (EMPs). The median survival after malignant mesothelioma diagnosis is approximately 1 year. The latency period between the first exposure to asbestos fibers or other EMPs and mesothelioma development ranges from 20 to 71 years. Occupational exposure has occurred in industrial operations including mining and milling, manufacturing, shipbuilding and repair, and construction. Current occupational exposure occurs predominantly during maintenance and remediation of asbestos-containing buildings. The projected number of malignant mesothelioma deaths was expected to increase to 3,060 annually by 2001–2005, and after 2005, mortality was projected to decrease."
"During 1999–2015, a total of 45,221 malignant mesothelioma deaths were reported, increasing from 2,479 (1999) to 2,597 (2015). Mesothelioma deaths increased for persons aged ≥85 years, for both sexes, persons of white, black and Asian or Pacific Islander race, and all ethnic groups. Continuing occurrence of malignant mesothelioma deaths in persons aged <55 years suggests ongoing inhalation exposure to asbestos fibers and possibly other causative EMPs."
"Despite regulatory actions and decline in asbestos use, the annual number of malignant mesothelioma deaths remains substantial. Contrary to past projections, the number of malignant mesothelioma deaths has been increasing. The continuing occurrence of mesothelioma deaths, particularly among younger populations, underscores the need for maintaining efforts to prevent exposure and for ongoing surveillance to monitor temporal trends."
Asbestos is a naturally occurring fibrous mineral which was widely used in the manufacture of a variety of products beginning in the late nineteenth century. Although the majority of exposure to asbestos occurred between 1940 and 1980, in occupations such as construction, shipyards, railroads, insulation, sheet metal, automobile repair, and other related fields, exposure continues to this day. Asbestos fibers are inhaled by workers and remain in the lungs where they can cause disease. Fibers are also inhaled by family members or any other person coming into contact with asbestos wherever it may be. We believe that the evidence shows that the companies which manufactured these products knew that their products would injure people and that they actively conspired to hide this information in order to keep selling their products, and as a result, they are now being held liable for the resulting injuries.

"Workers' compensation benefits have been awarded to claimants who have been exposed to asbestos and who have suffered asbestos-related disabilities. Bolger v. Chris Anderson Roofing Co., 112 N.J.Super. 383, 271 A.2d 451 (Co.1970), aff'd 117 N.J.Super. 497, 285 A.2d 228 (App.Div.1971). The courts have recognized an asbestos exposure as causing multiple disabilities, and awards have been made for occupational exposure which have resulted in a “second disease”. Shepley v. Johns-Manville Products Corporation, 141 N.J.Super. 387, 358 A.2d 485 (App.Div.1976). Even where the exposure to asbestos can be identified as occurring 50 years earlier in the course of the employment, the resultant disease has been recognized as compensable. Bush v. Johns-Manville Products Corporation, 154 N.J.Super. 188, 381 A.2d 65 (App.Div.1977), certif. denied 75 N.J. 605, 384 A.2d 835 (1978)." Gelman, Workers' Compensation Law 3rd ed. §9,20 (Thomson-Reuters).

With the anticipated dismantling of EPA and OSHA regulations by the Trump Administration, in conjunction with a return to manufacturing jobs in the US, there remains to be seen whether there will be a resurgence of occupational disease claims and fatalities in the US,  as a result of the continued work-related exposures to such toxic substances such as asbestos.


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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). 


For over 4 decades theLaw Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.


Senator Boxer Calls for Expedited TSCA Asbestos Evaluation

Senator Boxer Calls for Expedited TSCA Asbestos Evaluation

Senator Barbara Boxer (D-CA), Ranking Member of the Environment and Public Works Committee, sent a letter today to Gina McCarthy, the Administrator of the Environmental Protection Agency (EPA), urging the Agency to move quickly to act on all forms of asbestos under the new Toxic Substances Control Act (TSCA).  EPA is required to select 10 chemicals that will be evaluated and then regulated if they are shown to present unreasonable risks. The full text of the letter is below.

August 26, 2016

Dear Administrator McCarthy:

I am sure you share my strong interest in maximizing the success of the new Toxic Substances Control Act (TSCA) and are working to identify positive early actions that demonstrate the Agency’s commitment to bold and effective implementation.

The first important decision EPA must make under the law is to select the initial 10 chemicals that will be evaluated and then regulated if they are shown to present unreasonable risks.  This decision must be made by mid-December of this year.  The chemicals selected will drive EPA’s agenda for the next several years. To build confidence in the agency’s ability to deliver meaningful results for our children and families, EPA must consider all forms of asbestos in this initial list of chemicals it acts on.

In 1989, EPA issued a comprehensive rule under TSCA banning and phasing out the major uses of asbestos.  Despite the extensive record compiled by the agency, the Fifth Circuit Court of Appeals overturned the rule.  The court’s decision paralyzed EPA’s existing chemicals program for the next two decades.  Asbestos became a poster child for the inadequacy of the law and a major impetus for TSCA reform.  As President Obama said when he signed the TSCA reform bill into law, “the system was so complex, it was so burdensome that our country hasn’t even been able to uphold a ban on asbestos….”

During the development of TSCA reform legislation, numerous members of Congress cited asbestos as an example of why the law must be revamped and emphasized that the new TSCA legislation would remove the roadblocks that stymied EPA’s first attempt to regulate asbestos.  Congress was also clear in the recently-passed legislation that regulating asbestos should be one of EPA’s top priorities -- the bill directs EPA to give priority to chemicals like asbestos that are known human carcinogens and have high acute and chronic toxicity.

Now that the impediments in the original TSCA law are gone, completing the job started by EPA in 1989 would send a strong signal that the new law can be effective in addressing the most dangerous chemicals in commerce.

The evidence regarding the dangers of asbestos is overwhelming. As EPA found in its 1989 rulemaking, “[it] is well-recognized that asbestos is a human carcinogen and is one of the most hazardous substances to which humans are exposed in both occupational and non-occupational settings.”  OSHA has similarly said it is “aware of no instance in which exposure to a toxic substance has more clearly demonstrated detrimental health effects on humans than has asbestos exposure.” OSHA has also emphasized that “[t]here is no "safe" level of asbestos exposure for any type of asbestos fiber [and] [a]sbestos exposures as short in duration as a few days have caused mesothelioma in humans.”

Asbestos continues to exact a high toll in disease and death on Americans.  According to the Asbestos Disease Awareness Organization (ADAO), the estimated annual number of asbestos-related disease deaths is nearly 15,000 in the U.S., including nearly 11,000 deaths from lung cancer.

Though asbestos production has ceased in the U.S. and its use has generally declined, significant imports for a range of applications persist and exposures continue to occur with alarming regularity.  According to a detailed study by the Environmental Working Group, from 2006 to 2014, 23 ports on the Gulf of Mexico, West Coast and Eastern Seaboard received more than 8.2 million pounds of raw asbestos, as well as hundreds of shipments of hazardous asbestos waste and products made with asbestos.

Similarly, in its annual report on U.S. mineral importation and use, the United States Geological Service states that in 2015:

“Asbestos consumption in the United States was estimated to be 400 tons, based on asbestos imports through July 2014.  The chloralkali industry accounted for an estimated 88% of U.S. consumption.  The remainder was used in coatings and compounds, plastics, roofing products, and unknown applications.”

The World Health Organization (2006) has called for an end to the use of all types of asbestos as the most effective way to eliminate asbestos-related diseases.  From the European Union to the Persian Gulf, from industrial states like Japan to Africa’s developing economies, 56 nations have followed this recommendation and banned asbestos (with limited exceptions), according to the International Ban Asbestos Secretariat.

The combination of well-documented, widespread and serious health effects and ongoing use and exposure provides a strong basis for EPA to act quickly on asbestos.  With the new tools provided by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the U.S. now has the ability to be a global leader and join the many other nations that have acted to address the harms posed by asbestos.  EPA should seize this opportunity by including asbestos in the first 10 chemicals that it acts on under the new law.

I look forward to learning more about your plans for asbestos.

Sincerely,

Barbara Boxer
Ranking Member
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Related Articles:
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Sep 11, 2014 ... It may come as a surprise to those not familiar with the Toxic Substances Control Act (TSCA) – the primary law that regulates chemicals used in ...
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Jan 29, 2010 ... The Toxic Substances Control Act (TSCA) was enacted in 1974 and has not kept up with the time. Of the 80,000 chemical substances in use it ...
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US Workers Continue to be Exposed to Asbestos

Asbestos Insulation
Asbestos is not banned in the US and continues to be a cause of deadly disease to workers. Asbestos, a deadly substance that causes a range of fatal diseases from asbestosis to malignancies including lung cancer and mesothelioma. Today the Detroit Free Press enlightens its readers to the asbestos problems that Michigan workers face daily. Those problems continued to be mirrored in all the states and is a national issue.

"At a time when blight removal is at historic highs and a record number of contractors are getting into the asbestos-abatement business in Michigan, the state's worker safety agency rarely gets tough with employers who expose their workers to the deadly toxin, a Free Press investigation has found."
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"The investigation also found dozens of cases of unlicensed contractors and untrained workers removing asbestos improperly: In one, the crew included workers hired from a homeless shelter — people lured by the promise of easy cash and not likely to complain about working conditions. In others, workers weren’t told they were removing asbestos or given proper clothing and respirators. In some, proper decontamination procedures weren't followed and debris was disposed of in ordinary garbage bags instead of airtight containers, potentially exposing many others to the contaminant."
Click here to read this article as well as the companion articles in the series.
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.